Consent

    Cards (4)

    • Consent and Euthanasia:
      A01 = Pretty - no one can consent to their own death, Defence to assault/ battery - no defence to murder
      A03 = Constrain society - Able-bodied can commit suicide but not less abled bodied ones, Reform - June 2012 British medical journal - organisations should drop opposition to assisted dying .
    • Real / Implied Consent
      A01 = Wilson V Pringle - held everyday jostling not amount to assault, Tabassum = Consent from the victim must be true
      A03 = Allows freedom in society - Do daily tasks without fear of assaulting somebody, Constraining the individual - could be hard to prove
    • Consent and surgical interference
      A01 = Burrell v Harmer - Reasonable surgical interference gives rise to consent
      A03 = Dangerous precedent - those involving plastic surgery and do go wrong , Fair balance - doctors need to operate without the fear of the criminal patient not being able to give their consent.
    • Serious harm
      A01 = Ag reference - Consent does not apply to an offence over s47
      A03 = Not in public interest - people may deliberately try to cause eachother harm, Has to be some type of freedoms thus the courts created exceptions to this i.e sport and surgical interference.
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